[HISTORY: Adopted by the Board of Supervisors of the Township
of Cross Creek 6-19-2007 by Ord.
No. 3-07. Amendments noted where applicable.]
The purpose of this chapter is to prescribe, in accordance with
prevailing community standards, regulations for the conduct of minors
on streets or public places at night, for the protection of younger
children in Cross Creek Township from each other and from other persons
on the streets during nighttime hours, for the enforcement of parental
control and responsibility for their children, for the protection
of the public from nocturnal mischief by minors and for the reduction
of the incidence of juvenile criminal activity, for the furtherance
of family responsibility, and for the promotion of the public good,
health, safety, and welfare of the residents of Cross Creek Township.
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
A person under the age of 18 years.
Any natural parent of a minor, as herein defined, or a guardian,
or any adult person responsible for the care and custody of a minor.
When used in this chapter, "parent" shall mean one or both parents.
Any public or private street, alley, sidewalk, park, playground,
public building or vacant lot, or in a parked vehicle at any of said
locations in Cross Creek Township.
To stay behind; to tarry and to stay unnecessarily in or
upon a public place, as herein defined, including the congregation
of groups or otherwise interacting minors totaling four or more persons,
in which any minor is not using the public place for emergency or
ordinary and immediate educational, political, religious or business
purposes.
It shall be unlawful for any minor to remain in or upon any
public place within Cross Creek Township Sunday through Thursday between
the hours of 10:00 p.m. and 5:00 a.m., and on Friday, Saturday and
recognized holidays between the hours of 11:30 p.m. and 5:00 a.m.,
prevailing time, except as follows:
A.
A minor accompanied by a parent, guardian, or other person having
legal care or custody of such minor.
B.
A minor lawfully employed, making it necessary for him to remain
on or in a public place and possessing a current letter dated not
more than 30 days prior to the date of presentation, certifying the
same, signed by an employer or parent.
C.
A minor on an emergency errand.
It shall be unlawful for any parent, guardian, or person having
legal care or custody of a minor to allow or permit such minor to
violate the provisions of this chapter without legal justification
therefor.
Police officers, in taking minors into custody, shall use their
discretion in determining age and, in doubtful cases, may require
positive proof of ages; until such proof is furnished, the judgment
of the police officer shall prevail.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$350 for the first such offense; a fine of not more than $750 for
the second offense; or $1,000 for the third and each succeeding offense.
In addition, an investigating officer may initiate proceedings
under the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq., as
amended from time to time, against offending juveniles when appropriate
under that Act.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this chapter. It is hereby declared as the intent of the
Board of Supervisors of Cross Creek Township that this chapter would
have been adopted had such unconstitutional, illegal, or invalid sentence,
clause, section, or part not been included herein.
